US Tattooing and Body Piercing for Minors Resources

US Tattooing and Body Piercing for Minors Resources in United States

US Tattooing and Body Piercing for Minors Resources

Updated April 2008

The battle over whether or not teenagers may receive tattoos or body piercings is typically one fought between parents and children, but the same debate has entered state legislatures. Advocates of prohibiting minors from getting tattoos or body piercings want state laws to reflect parental rights and allow them to have the final word on minors altering their appearances in this way.

A number of states have laws prohibiting these practices on minors without written parental consent.  At least 38 states have laws prohibiting minors from getting tattoos, and 28 states have laws against body piercing on minors without parental permission. Twenty-eight states have laws that prohibit both.  Many of the laws across the country establish financial penalties, prison time or both for violators.  Most of the laws define “violator” as the person who performed the tattoo or piercing.

State Laws on Tattooing and Body Piercing:

 State  Citation for tattooing a minor:  Citation for piercing a minor:  Provision

Alabama

The Code of Alabama 22-17A-2

The Code of Alabama 22-17A-2

Tattooing and Body Piercing-Prohibits anyone from performing a tattoo, brand or body piercing on a minor unless prior written informed consent is obtained from the minor’s parent or legal guardian.

Alaska

Arizona

Ariz. Rev. Stat. Ann. §13-3721

Ariz. Rev. Stat. Ann. §13-3721

Tattooing and Body Piercing-Establishes that it is unlawful to either tattoo or pierce anyone under age 18 without the physical presence of the parent or legal guardian.Violators are guilty of a Class 6 felony. Allows anyone to avoid prosecution if he or she requested the ID and relied on the accuracy of the information contained in the ID.

Arkansas

 Ark. Stat. Ann. §5-27-228

 Ark. Stat. Ann. §5-27-228

Tattooing and Body Piercing-Prohibits anyone from doing “body art” (tattooing, piercing or branding) on a minor without the written consent and presence of one of the minor’s parents, a guardian or a custodian.Violators are guilty of a misdemeanor and, upon conviction, will be fined between $20 and $200.

California

 Cal. Penal Code §653

Cal. Penal Code §652

Tattooing-Establishes that it is a misdemeanor for any person to tattoo or offer to tattoo anyone under age 18.
Body Piercing-Prohibits anyone from performing or offering to perform a piercing upon anyone under age 18 unless the piercing is performed in the presence of a parent or guardian or as directed by and notarized by the minor’s parent or guardian. Does not apply to emancipated minors and does not include pierces of the ear.

Colorado

Col. Rev. Stat. Ann. §25-4-2103

Col. Rev. Stat. Ann. §25-4-2103

Tattooing and Body Piercing-Prohibits anyone from performing a body art procedure on a minor unless the artist has received express consent from the minor’s parent or guardian.Failure to obtain permission before performing the procedures on a minor shall constitute a petty offense punishable by a fine of $250.

Connecticut

Conn. Gen. Stat. §19a-92a

Conn. Gen. Stat. §19a-92g

Tattooing-Establishes that it is illegal to tattoo an unemancipated minor under age 18 without the written consent of the minor’s parent or guardian.
Body Piercing-Requires written consent of the minor’s parent in order to perform body piercing on an unemancipated minor under age 18.

Delaware

Del. Code Ann. Title 11, Ch 5 §1114(a)

Del. Code Ann. Title 11, Ch 5 §1114(a)

Tattooing and Body Piercing- It is illegal for a person to either knowingly or negligently tattoo or pierce a minor without the prior written consent of the adult parent or legal guardian.

Florida

Fla. Stat. §877.04

Fla. Stat. §381.0075

Tattooing-Requires written, notarized consent of a minor’s parent or legal guardian in order to tattoo a minor.
Body Piercing-Prohibits the piercing of a minor without the written, notarized consent of the parent or legal guardian.  Consent may also be a parent or legal guardian accompanying the minor to receive the piercing.

Georgia

Ga. Code §16-5-71

Ga. Code §16-5-71.1

Tattooing-Prohibits the tattooing of anyone under age 18 by anyone other than a licensed osteopath or technician acting under the direct supervision of a licensed physician or osteopath.Violators are guilty of a misdemeanor.

Body Piercing-Prohibits anyone from piercing anyone under age 18 without prior written consent of the custodial parent or guardian. Violators are guilty of a misdemeanor.

Hawaii

Idaho

Idaho Code § 18-1523 (2004)

Idaho Code § 18-1523 (2004)

Tattooing and Body Piercing-Prohibits the tattooing, branding or body piercing of minors under the age of 14. Prohibits the tattooing, branding or body piercing on anyone between the ages of 14 and 18 without the written informed consent of the minor’s parent or legal guardian. Written informed consent must be executed in the presence of the person performing the act or an employee or agent of that person.

Violators are guilty of a misdemeanor and will be fined up to $500 and subsequent violations within one year will be fined between $500 and $1,000.

Piercing of the ear lobes and piercing for medical purposes are exempted from this legislation.

Illinois

Ill. Compiled Stat. 5/12-10

(Revised ’05 by Public Act No. 094-684)

Ill. Compiled Stat. 5/12-10.1

(Revised ’05 by Public Act No. 094-684)

Tattooing-It is a Class A misdemeanor for anyone, other than a person licensed to practice medicine in all branches, to tattoo or offer to tattoo a person under age 18.  It is also a Class A misdemeanor to allow a person under 18 years of age to remain on the premises where tattoos are being performed or offered without a parent or legal guardian.
Body Piercing-Establishes that anyone who pierces the body of a minor under age 18 without written consent of the parent or legal guardian commits a Class C misdemeanor. Does not apply to emancipated or married minors. It is also a Class A misdemeanor to allow a person under 18 to enter or remain on the premises of a business where body piercing is being performed or offered unless they are accompanied by a parent or legal guardian.

Indiana

Ind. Code Ann. §35-42-2-7

Ind. Code Ann. §35-42-2-7

Tattooing and Body Piercing-Requires a minor’s parent or legal guardian to be present on order to either tattoo or perform a body piercing on a minor under age 18. Requires the parent or guardian to also provide written permission for the minor to receive the tattoo or piercing.

Iowa

Iowa Code §135.37

Tattooing-Prohibits anyone from tattooing an unmarried minor under age 18.

Kansas

Kentucky

Ky. Rev. Stat. §211.760

Ky. Rev. Stat. §211.760

Tattooing and Body Piercing-Prohibits anyone from tattooing or piercing minors without the written, notarized consent of a parent or guardian.

Louisiana

La. Rev. Stat. Ann. §14:93.2

La. Rev. Stat. Ann. §14:93.2

Tattooing and Body Piercing-It is unlawful for anyone to tattoo or pierce a minor under age 18 without the consent of the minor’s parent or legal custodian, who must accompany them to the procedure.Upon conviction, violators shall be fined between $100 and $500 or imprisoned between 30 and 100 days, or both.

Maine

Me. Rev. Stat. Ann. Title 32, Ch. 63 §4203

Me. Rev. Stat. Ann. Title 32, Ch. 64 §4323

Tattooing-Establishes that it is illegal to tattoo anyone under age 18.
Body Piercing-Requires prior written consent of a minor’s parent or legal guardian to perform body piercing on anyone under age 18.

Maryland

Massachusetts

Michigan

Mich. Comp. Laws Ann. §333.13102

Mich. Comp. Laws Ann. §333.13102

Tattooing and Body Piercing-Prohibits anyone from either tattooing or performing a piercing on a minor without the prior written, informed consent of the minor’s parent or legal guardian. Requires the parent or legal guardian to execute the consent in the presence of either the person performing the body piercing or tattooing on the minor or in the presence of an employee or agent of the individual. Does not include emancipated minors.

Minnesota

Minn. Stat. §609.2246

2007 Minn. Laws, Chap. 98

Tattooing-It is unlawful for anyone under age 18 to receive a tattoo without written parental consent.Piercing- Prohibits body piercing for anyone under the age of 18 unless they have witnessed written parental consent.

Mississippi

Miss. Laws §73-61-1

Miss. Laws §73-61-3

Tattooing and Body Piercing-Prohibits anyone from tattooing or piercing a minor under age 18. Violators are guilty of a misdemeanor and will be fined a maximum of $500.

Missouri

Mo. Rev. Stat. §324.520

Mo. Rev. Stat. §324.520

Tattooing and Body Piercing-Prohibits anyone from knowingly tattooing or piercing a minor without prior written, informed consent of the minor’s parent or legal guardian. Requires the parent or legal guardian to execute the written consent in the presence of either the person performing the tattooing or body piercing or an employee or agent of that person. Violators are guilty of a misdemeanor and will be fined a maximum of $500. Subsequent violations within one year of the initial violation will be subject to a fine of between $500 and $1,000.

Montana

Mont. Code Ann. §45-5-623

Tattooing-Prohibits anyone from knowingly tattooing a child under the age of majority without the explicit in-person consent of the child’s parent or guardian.Upon conviction, violators will be either fined a maximum of $500, imprisoned for up to six months, or both. Those convicted of a second offense will either be fined a maximum of $1,000, imprisoned for up to six months, or both.

Nebraska

Neb. Rev. Stat. § Sec. 427 71-3

Neb. Rev. Stat. § Sec. 433 71-3

Neb. Rev. Stat. § Sec. 427 71-3

Neb. Rev. Stat. § Sec. 433 71-3

Combines tattooing and piercing as one practice called “body art.” Defines unprofessional conduct for licensing purposes as, in part, knowingly performing body art on a person under 18 years of age without prior written consent of the person’s parent or court-appointed guardian, without a parent or guardian’s presence at the time the body art is performed and failing to save documentation of the consent for 5 years.  Does not provide criminal penalties, but “unprofessional conduct” can jeopardize licensing.

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

N.C. Gen. Stat. §14-400

N.C. Gen. Stat. §14-400

Tattooing- Prohibits anyone from tattooing a minor under age 18.
Body Piercing-Prohibits anyone from piercing any part of a minor under age 18 other than the ears without the prior consent of the custodial parent.

North Dakota

N.D. Cent. Code §12.1-31

N.D. Cent. Code §12.1-31

Tattooing and Body Piercing- Prohibits the piercing or tattooing of a minor without the presence and consent of the parent. It is also a Class B Misdemeanor to sell tattooing or piercing equipment to a minor.

Ohio

Ohio Rev. Code Ann. §3730.06

Ohio Rev. Code Ann. §3730.06

Tattooing and Body Piercing-It is illegal to tattoo, body pierce or pierce the ears of anyone under age 18 without the consent of the minor’s parent, guardian or custodian. Requires the consenting individual to appear in person at the business at the time the procedure is performed and sign a document that provides informed consent.

Oklahoma

Okla. Stat. Title 21 §841

Okla. Stat. Title 21 §842.1

Tattooing-Prohibits anyone other than a licensed practitioner of the healing arts in the course of their practice from tattooing or offering to tattoo anyone.Tattooing anyone under the age of 18 prohibited.

Body Piercing-It is unlawful for anyone to perform, or offer to perform a body piercing on a child under age 18 unless the parent or legal guardian gives written consent for and is present during the procedure.

Penalties for violations include imprisonment for up to 90 days and a fine of up to $500, or both.

Oregon

Pennsylvania

Pa. Cons. Stat. Title 18 §6311

Tattooing and Body Piercing- It is unlawful to provide tattoo services to anyone under age 18 without the consent of the parent or guardian who is present at the time of the procedure.Violators are guilty of a misdemeanor of the third degree and, upon conviction, will be sentenced to either pay a maximum fine of $100 or be imprisoned a maximum of three years, or both.

Rhode Island

RI General Laws §11-9-15

RI General Laws §23-1-39

Tattooing and Body Piercing- Prohibits tattooing or piercing a minor who is not accompanied by his or her consenting parent or guardian.Violators are guilty of a misdemeanor and, upon conviction, will either be imprisoned a maximum of one year or fined a maximum of $300.

South Carolina

S.C. Code Ann. §16-17-700

(Amended June 17, 2004-allows tattooing in the state of S.C.)

Tattooing-Prohibits tattooing the body of anyone under the age of 21.  If a person is at least 18, they may get a tattoo with parental consent.

South Dakota

S.D. Codified Laws Ann. §26-10-19

Tattooing-Requires anyone who is tattooing a minor under age 18 to obtain a signed consent form from the minor’s parents authorizing the tattoo.

Tennessee

Tenn. Code Ann. §62-38-207

Tenn. Code Ann. §62-38-305 and 306

Tattooing-It is a Class C misdemeanor for anyone to tattoo a person under age 18.Establishes that a minor age 16 or older may be tattooed with the written consent of the parent or legal guardian to cover up an existing tattoo and requires the parent or legal guardian to be present during the procedure.

Body Piercing-Allows a minor age 18 or younger to undergo body piercing with the written consent of the parent, legal guardian or legal custodian and requires them to be present during the procedure. They must sign a document that explains the procedure and methods for proper care, present proof of age and attest in writing that they are the minor’s parent, legal guardian or legal custodian.

Violators will be charged with a Class C misdemeanor and will be imprisoned for up to 30 days or pay a fine of up to $50.

Texas

Texas Health and Safety Code Ann. §146.012

Texas Health and Safety Code Ann. §146.0125

Tattooing-Prohibits anyone from performing a tattoo on a person under age 18 without the consent of a parent or guardian who believes it is in the best interest of the minor to cover an obscene or offensive tattoo. Required consent may be the physical presence of the individual’s parent or guardian or the provision of evidence that he or she is the parent or guardian of the person who is getting the tattoo.
Body Piercing-Prohibits anyone from performing body piercing on an individual under age 18 without the consent of the individual’s parent, managing conservator or guardian.

Consent must specify the part of the body to be pierced. Required consent is the physical presence of the individual’s parent or guardian and the provision of evidence stating their parental or guardian status.

Utah

Utah Code Ann. §76-10-2201

Utah Code Ann. §76-10-2201

Tattooing and Body Piercing-Prohibits anyone from performing or offering to perform a tattoo or body piercing upon a minor without receiving the consent of the minor’s parent or legal guardian. Establishes that a person is not guilty of a violation if he or she a) had no actual knowledge of the minor’s age and b) reviewed, recorded and maintained a personal identification number for the minor prior to performing the body piercing or tattoo.Violators are guilty of a Class B misdemeanor and the owner or operator of the establishment where the act takes place is subject to a civil penalty of $1000 for each violation.

Vermont

Vt. Stat. Ann. Title 26 §4102

Tattooing-Prohibits anyone from tattooing a minor without the written consent of his or her parent or guardian.

Virginia

Va. Code §18.2-371.3

Va. Code §18.2-371.3

Tattooing and Body Piercing-Prohibits anyone from tattooing or performing body piercing on a person under age 18, knowing or having reason to believe that the person is under 18 except a) in the presence of the person’s parent or guardian or b) when done by or under the supervision of a medical doctor, registered nurse, or other medical services personnel in the performance of their duties.Violators are guilty of a Class 1 misdemeanor.

Excludes ear piercing as a form of body piercing.

Washington

Wash. Rev. Code §26.28.085

Tattooing-Applying a tattoo to a minor under age 18 is illegal and violators are guilty of a misdemeanor.Prohibits anyone from stating that he or she did not know the minor’s age as a defense to prosecution, unless he or she establishes that by a preponderance of evidence he or she made a reasonable attempt to determine the true age of the minor by requiring a driver’s license or other picture ID card and did not rely solely on oral allegations.

West Virginia

W. Va. Code §16-38-3

Tattooing-Requires prior written consent from a parent or guardian for the tattooing of a minor.

Wisconsin

Wis. Stat. §948.70

Tattooing-Prohibits anyone other than a physician in the course of his or her professional practice from tattooing or offering to tattoo a child (under age 18).

Wyoming

Wyo. Stat. §14-3-107

Chapter 47 2004 (Effective July 1, 2004)

Tattooing-Prohibits anyone from tattooing a person under the age of majority, except with the consent of the person’s parent or legal guardian who is present at the time the procedure is performed.Violators are guilty of a misdemeanor and punishable by imprisonment for a maximum of six months, a fine of a maximum of $750, or both.

Body Art-Prohibits performing body art on anyone who had not reached the age of majority without the consent of the parent or legal guardian and who is present at the time of the procedure.

Violators are guilty of a misdemeanor and punishable by imprisonment for a maximum of six months, a fine of a maximum of $750, or both.

Body art is defined as the practice of body piercing, branding scarification, sculpting or tattooing.


Posted

in

, ,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *